Effective: 1^st August 2024

DEFINITIONS

In these Terms and Conditions, the following definitions apply:

Agreement: The legally binding contract between Yes Events Ltd (the Company) and the Client for the provision of services and equipment hire.

Booking Confirmation: Document supplied by the Company confirming the details of the Event, including dates, times, fees and top level services.

Deposit: An initial non-refundable payment made by the Client to secure the booking.

Days: Calendar days

Charges / Fees: Amounts payable by the Client for the services and equipment as specified in the Quotation, Proposal or Invoice.

Client: The individual or entity identified in the Booking Confirmation under ‘Client Details’

Company: Yes Events Ltd.

Event: The occasion for which the services and equipment are required.

Start Date: For the avoidance of doubt, the start date is considered to be the ‘Installation Start’ as shown on the Agreement.

Services: The services provided to the Client including (but not limited to) delivery, installation, operation and removal of equipment.

Quotation / Proposal: A document provided by the Company to the Client detailing the services (and equipment if relevant) that will be delivered.

Venue: Anywhere, other than the Company Premises, where the services are provided or where the equipment is located / to be used.

1. CHANGES
   The Company provides and the Client accepts the Services subject to the Contract which shall not be varied except as confirmed in writing by the Company.
   
2. BOOKING CONFIRMATION
   2.1. – A booking will only be confirmed and subject to our terms upon the earlier of any one of the following:
   • 2.1.1. – receipt by the Company a Purchase Order, verbal or written confirmation to proceed of the quotation from the Client (or representative thereof)receipt by the Company of this Agreement signed by the Client (or representative thereof)
   • 2.1.2. – receipt by the Company of this Agreement signed by the Client (or representative thereof)
   • 2.1.3. – receipt by the Company of payment by the Client (or representative thereof) in line with our payment terms outlined in clause 4.
     
3. DURATION.
   This Agreement is effective from the point at which the booking is confirmed in accordance with Clause 2 and will remain effective until the later of:
   • 3.1. – satisfactory completion of the services as described in the Event Booking Confirmation as determined by the Company; or
   • 3.2. – removal of the Company’s equipment from the Event site; Unless otherwise terminated or extended in accordance with the terms of this Agreement.
     
4. PROVISION OF SERVICES
   • 4.1. – The total provision of services agreed are outlined within the quotation / proposal documentation. Additional services may be provided upon written confirmation from the Company upon request from the Client.
   • 4.2. – The Company may sub-contract any of its obligations to a competent third party.
   • 4.3. – The Company may at any time, and without notification and liability to the Client, make any change to the Services such as are reasonably necessary to comply with any applicable legislation, regulation, licensing condition, planning requirement or direction of any competent authority, whether relating to the Location or otherwise. The Company shall use its reasonable endeavours to procure that such amendment to the Services does not materially alter or diminish the nature of quality of the Service.
     
5. OWNERSHIP, LIABILITY, AND LIMITATIONS
   • 5.1. – All equipment supplied by the Company for the Event remains the exclusive property of the Company. The Client acknowledges that they have no ownership rights, title, or interest in the equipment. The Client agrees that the Company has the right to access any location where the equipment is situated to remove it as needed.
   • 5.2. – The Company will have final sign off on the completion of the services to a safe and satisfactory level.
   • 5.3. – The Company commits to providing the services and products as described in this Agreement but there may be circumstances where, despite best efforts, this becomes impossible. The Company will not be held responsible (financially or reputationally) for any non-fulfilment of this Agreement for any reason beyond the Company’s control, including but not limited to local or national public health restrictions, extreme weather, sudden illness, or failure by the Client to meet the obligations outlined in this Agreement.
   • 5.4. – In the event of non-fulfilment due to Company staff absences, mechanical breakdown, equipment, or power failure (where source power is provided by the Company), it is the Company’s responsibility to provide equivalent replacement or alternative services in a timely fashion. Any additional costs incurred in procuring such replacement or alternative services shall be paid by the Company.
   • 5.5. – The Client agrees that the Company’s total liability for any delay, late delivery, defect, or deficiency in the equipment, any error or mistake made by any technician or staff provided by the Company, or any other issue negatively affecting the delivery of services, shall be limited to an amount not exceeding the total fee detailed on this agreement.
   • 5.6. – For any recorded material, the Company’s liability is limited solely to the cost of replacing blank media.
   • 5.7. – The Company shall not be responsible for any loss of profits, event income, loss of contracts, or any indirect or consequential losses suffered by the Client.
   • 5.8. – Should any third party prevent the Company from completing the engagement, the total fee shall remain payable as per the Agreement.
   • 5.9. – The Company accepts no responsibility for any loss or damage to equipment or materials belonging to the Client or its contractors that the Company may agree to store or transport. Such equipment or materials shall remain at the Client’s risk at all times.
   • 5.10. – Unless agreed otherwise, the Company does not allow the Client to operate, move or adjust electrical equipment (except for eliminating immediate safety risks.)
   • 5.11. – Decorative elements such as, but not limited to, banners, bunting, flags, seating, tables etc, are the responsibility of the client to adjust, move as required in the absence of a member of staff from the Company being present.
     
6. CLIENTS OBLIGATIONS
   • 6.1. – It is strongly advised by the Company that Clients have suitable insurance for their Event or the ability to self-insure in the absence of a formal insurance policy. Upon request, the Company can provide a replacement valuation of any equipment provided for the purpose of insurance.  
   • 6.2. – The Client must obtain all necessary licenses and permissions for any broadcasting, recording, musical performances, projections, or use of logos. The Client agrees to protect the Company from any claims, losses, or costs that arise if the Services infringe on third-party intellectual property rights or are performed without the required licenses or permissions.
   • 6.3. – The Client warrants that they are entitled to use the Venue for the Event stated and that the Company will in no way be liable for any breach of laws, bylaws and conditions governing the use of the Venue.
   • 6.4. – The Client must provide clear access for the Company’s employees, subcontractors, and vehicles to the Venue or event location for delivering goods and setting up equipment. The Client must also ensure access to any necessary facilities (such as power, water, and toilets) and allow enough time for the proper organisation and preparation of the Services.
     • 6.4.1. – The Company accepts no liability in the event of delay, cancellation or amendment to the services should the actions of the Client, the Venue or any third party impede their ability to deliver as agreed.
   • 6.5. – The Client must take all reasonable steps to ensure the health & safety and security of the Company’s employees, subcontractors and equipment.
   • 6.6 – The Client is required to have a responsible, knowledgeable person on site or directly contactable at all times.
     
7. TERMINATION.
   • 7.1. – Either party may terminate this Agreement upon written notice with immediate effect if:
     • 7.1.1 – the other party commits or permits a material breach of this Agreement and said party fails to take rectifying measures within thirty (30) days of receiving written notice of such breach; or
     • 7.1.2 – the other party is dissolved or goes into administration other than for the purpose of reconstruction, is declared bankrupt or requests a moratorium, or becomes insolvent.
   • 7.2. – Without prejudice to any other right or remedy it might have, the Company may terminate this Agreement upon written notice with immediate effect if:
     • 7.2.1 – the Client does not make payments in accordance with the agreed schedule, as indicated on the Event Booking Confirmation and/or on the invoice(s); or
     • 7.2.2 – the Client fails to demonstrate, upon request of the Company, adequate event insurance cover or the ability to self-insure, including but not limited to for any damage, loss or theft of equipment supplied by the Company (whether owned or hired in) whilst installed at the Client’s premises or Event site; or
     • 7.2.3 – the Client behaves, or allows its staff, sub-contractors, and guests (ticket holders / visitors) to behave, in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to protect equipment supplied by the Company (whether owned or hired in) whilst installed at the Client’s premises.
   • 7.3. – In the event of termination by the Company pursuant to this Clause 7.2, the Company will invoice the Client and the Client hereby agrees to pay in accordance with the cancellation charges outlined in Clause 8.2.
     
8. CANCELLATION CHARGES
   • 8.1. – The Client may request to terminate the Agreement but, in such instance, will be subject to cancellation charges levied by the Company, which will be subject also to VAT at the rate prevailing at the time of cancellation. Any such request must be sent to the Company in writing.
   • 8.2. – Cancellation charges will be calculated as follows based on the date of receipt of the written notice:
     • 8.2.1. – Following confirmation of booking: 100% of the deposit will be forfeit.
     • 8.2.2. – Within 90 days of the Event: 50% of the total fee will be payable.
     • 8.2.3. – Within 45 days of the Event: 75% of the total fee will be payable.
     • 8.2.4 – Within 30 days of the Event: 100% of the total fee will be payable.
   • 8.3. – Any invoices raised as a result of a cancellation are due for immediate payment.
   • 8.4. – Part cancellation will incur the cancellation fees as outlined in clause 3.3 however only apply to the item line(s) being cancelled.
   • 8.5. – Deviation, by way of reduction on fees due, from our cancellation policy is at the sole discretion of the company
     
9. PAYMENT & PAYMENT TERMS
   • 9.1. – Payment terms are outlined within the agreement and must be adhered to.
   • 9.2. – The Company will not be held responsible for any delays to fulfilment due to late payment.
   • 9.3. – Any alterations to Services once the Company has commenced delivery, may be subject to extra charges and will be agreed with the Client in advance.
   • 9.4. – The Company reserves the right to increase the Price to reflect any cost increase due to any changed requirement or delay caused by the Client or due to changes required by the nature of the Event Location which were not disclosed at the time of quoting.
   • 9.5. – The Company shall provide personnel to provide the Service and operate Equipment based on the Event running times provided by the Client. If the timings of the Event deviate from those provided, the Client agrees to pay the Company additional fees for any personnel required to work beyond their booked times.
     • 9.5.1. – Overtime for Crew will be charged at a rate of £35.00 per hour per person and will be invoiced post-event.
   • 9.6. – Our preferred payment method is via BACS. Payments made via a card (in person or over the phone) on behalf of a registered business are subject to additional charges:
     • AMEX 1% of the total fee (incl. VAT)
     • All other cards (credit or debit) 2.5% of the total fee (incl. VAT)
     • The above charges are subject to change at any time.
   • 9.7. – Should the Client fail to pay any sum on the due date then, without prejudice to any other right or remedy, the Company may cancel the Contract, suspend the provision of Services, remove Equipment from any Location and charge interest per day on any unpaid amount (in line with current UK Law).
   • 9.8. – Please note we do not accept payment via cheque.
     
10. CREDIT
    • 10.1. – The Client agrees that we may conduct a soft credit check on you at any time.
    • 10.2. – Credit will be provided on a case-by-case basis and can be withdrawn at our discretion with written notice. Upon withdrawal or refusal of credit, full payment is required prior to any services being delivered.
    • 10.3. – Where credit is granted, payment must be made within the period specified. Accounts which have exceeded the agreed credit limit must be settled prior to the despatch of any further Orders.
      
11. INCLEMENT WEATHER PROVISIONS.
    • 11.1. – It is the responsibility of the Client to ensure sufficient and robust plans are in place to manage the impact of inclement weather on the Event including, but not limited to, delayed opening, communication with visitors and communicating any plans to delay or cancel opening with the Company with reasonable notice.
    • 11.2. – Where Company personnel consider that inclement weather or other factors pose a threat to the safety of themselves, members of the public or may cause damage to equipment, the Company and the Client will endeavour to make a joint decision about what action will be taken.
    • 11.3. – The Company reserves the right to discontinue any works at any time (including installation, live operation and de-rig) and with immediate effect in order to protect its personnel and / or equipment, and will not be responsible (financially or reputationally) for any subsequent delay to or cancellation of the Event.
    • 11.4. – Should inclement weather prevent any part of the Event from continuing, the Fee shall remain payable by the Client.
    • 11.5. – The Company strongly recommends to the Client to arrange appropriate and adequate inclement weather cover as part of its event insurance.
      
12. POWER
    • 12.1. – Unless Power is supplied by the Company, the Client shall ensure that the Venue has suitable earthed electrical supplies that will not cause any malfunction or damage to the Company’s equipment, and that all power supply points are located near to the performance position.
      
13. FOOD & BEVERAGE REQUIREMENTS
    • 13.1. – Requirements for food and beverages are listed on the Booking Confirmation and are only requested where necessary. If the Client is unable to supply the requirements as listed, the Company reserves the right to make an additional charge of £45.00 per head.
    • 13.2. – Unless overtly stated within the Quotation or Proposal, any hospitality riders for artists or performers booked by the Client under this agreement are the responsibility of the Client to arrange and pay for. The Company will endeavour to ensure any requirements are communicated in a reasonable timeframe.
      
14. DAMAGE, LOSS OR THEFT
    • 14.1. – Any damage, loss or theft caused to equipment supplied by the Company (whether owned or hired in) whilst installed at the Client’s premises or hired venue will be compensated, repaired or replaced at the expense of the Client.
    • 14.2. – The Client will be held responsible for the conduct of his/her guests. Any damage, loss or theft caused to the Company’s equipment or personal injury to suppliers and artists through the Client’s and/or guests’ actions, will be compensated, repaired or replaced at the expense of the Client.
    • 14.3. – The Company or any of their employees, agents or sub-contractors are not under any liability whatsoever for any personal injury or death caused during the course of any event, where such incidence is caused by the negligence or inappropriate behaviour of participants, clients or guests.
      
15. DANCEFLOOR USE AND RESPONSIBILITY
    • 15.1. – In instances where a dancefloor is included in our provided services, the Client is responsible for ensuring that no furniture is placed on the dancefloor by them or any other suppliers (including their venue) unless we have provided our written permission in advance.
    • 15.2. – Where we have agreed to allow furniture to be placed on the dancefloor, it is the responsibility of the Client to ensure that all furniture has felt pads on the footings to avoid damage to the dancefloor.
    • 15.3. – Failure to comply with these requirements may result in the dancefloor being removed. We will not be responsible for any consequences arising from the removal of the dancefloor, and no refunds will be given.
    • 15.4. – Any damage caused to the dancefloor will be charged to the Client. Additionally, any loss of hire revenue due to downtime resulting from such damage will also be at the Client’s cost.
      
16. FORCE MAJEURE
    • 16.1. – The Company shall not be liable for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by a Force Majeure Event.
    • 16.2. – A Force Majeure Event means any event beyond the Company’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to strikes, lock-outs or other industrial disputes (whether involving the Company’s workforce or any other party), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.